Most adoption laws are state laws, so the adoption process can be different from one state to another. However, the ADOPT Act (Adoption Deserves Oversight, Protection, and Transparency Act) is a federal law first introduced in 2023. It was reintroduced last November Rep. Robert Aderholt, chair of the House Appropriations subcommittee on Labor, Health and Human Services, and Education. Reps. Danny K. Davis, Laurel Lee, and Sydney Kamlager‑Dove were co-sponsors. It currently has 15 cosponsors from both Republican and Democratic parties.
While the ADOPT Act has a primary focus on reining in unlicensed intermediaries, it would have other effects on private adoptions as well.
Advertising
Arkansas currently has no laws about advertising regarding adoption, as long as the ads do not offer or ask for payment for a child. Would-be adoptive parents can advertise for children to adopt, birth parents or expectant moms can advertise for homes for their children, and unlicensed intermediaries can advertise either way. This intermediaries can also advertise their services.
Unfortunately, intermediaries like this have a track record of deceptive advertising. The FCC has issued at least 31 warning letters to companies whose ads suggested that they are licensed agencies or lawyers. Often, unlicensed brokers also offer the service of running paid ads for would-be adoptive parents, sometimes at a very high profit.
Under the ADOPT Act, ads intended to help connect adoptive parents and birth parents wishing to find a home for their child must be placed only by licensed adoption professionals: adoption agencies and adoption lawyers.
Support for birth mothers
Another problem with the unlicensed intermediaries is that they may collect lump sums from prospective adoptive parents for financial support of expectant moms. The funds are then paid out — or not — by the brokers without oversight. Arkansas, like most states, has very specific laws about financial support, but brokers are known to sidestep those laws.
The result can be ads that offer “free housing” to women and then put them up in substandard conditions, or other arrangements that don’t respect the rights of birth moms. On the other side, adoptive parents can end up paying a lot more than necessary.
Under the ADOPT Act, any support of $500 or more would have to be arranged through a licensed agency or adoption attorney. This is always the safest and most ethical way to arrange financial support. The existing state laws would not be affected.
Will the ADOPT Act become law?
Every law that is introduced into Congress has a chance of becoming law, but most don’t make it. The ADOPT Act has some advantages. For one thing, there are versions in both the House and Senate, and both those bills have support from both Democrats and Republicans.
For another, the bills have endorsements from a wide range of organizations: the National Council For Adoption (NCFA), the Academy of Adoption & Assisted Reproduction Attorneys (AAAA), Ethical Family Building, Adoptees United, and Families Rising, for example.
If th4e ADOPT Act does not become law, you can still get the benefits by avoiding unlicensed brokers. Instead, choose a licensed adoption attorney like Justin Heimer. Heimer Law specializes in adoption.
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